Câmara aprova urgência para projeto de clube-empresa

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O Globoesporte.com noticiou ontem que o Câmara dos Deputados aprovou urgência o projeto de clube-empresa do deputado Pedro Paulo, apoiado pelo Presidente da Câmara, Rodrigo Maia. No total, 329 parlamentares votaram a favor em prol do movimento.Em comunicado à imprensa, a assessoria de Pedro Paulo disse acreditar que o projeto será votado nas próximas semanas, já que não precisará mais passar por comissões antes de ser levado para votação em plenário.

Mas do que se trata o projeto?

São benefícios para os clubes que deixarem a estrutura de associação civil e migrarem para a de empresa, como limitada (LTDA) ou sociedade anônima (SA).

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E quais são os benefícios?

  • Novo refinanciamento de dívidas dos clubes com o governo

As dívidas fiscais não serão incluídas em processos de recuperação judicial.  Enquanto o Profut, em vigor, permitiu o abatimento de até 40% dos juros sobre as dívidas, a proposta aumentaria este percentual para 50%. Em contrapartida, os clubes que aderirem a este refinanciamento por meio de suas empresas precisariam pagar antecipadamente cinco parcelas, equivalentes a 15% da dívida consolidada por meio do refinanciamento. As agremiações que optaram pelo Profut em 2015 não precisaram fazer um pagamento deste tipo após a entrada.

  • Facilitação da recuperação judicial

Empresas convencionais só podem entrar em recuperação judicial após 2 anos de exercício regular. Os clubes entrariam diretamente e poderiam transferir todas suas dívidas da associação para a empresa. E essas seriam restruturadas por meio do mecanismo da recuperação judicial, usado em empresas convencionais. Os bloqueios e penhoras dos clubes estariam suspensos por 6 meses, período onde os clubes precisarão trabalhar em um Plano Global de Recuperação Judicial a ser submetido a credores como ex-funcionários e fornecedores. Isso pode gerar grande amortização das dívidas com credores, que costumam perdoar grande porcentagem da dívida em pagamentos à vista.

  • Declaração da hiperssuficiência trabalhista para jogadores de futebol

O jogador poderá assinar um contrato com o clube em questão sem que tenha direitos trabalhistas garantidos por ele. Ele se submeteria a uma relação cível e receberia apenas direitos de imagem, por exemplo. Isso seria restrito apenas aos atletas com salário acima de R$ 10.000, apenas 2,5% dos jogadores registrados na CBF.

  • Criação de um imposto simplificado para clubes-empresas – maior do que pagam associações atualmente, menor do que pagam empresas convencionais.

Nada impede um clube de mudar para empresa na legislação atual. Mas ele pagaria (bem) mais impostos. Para estimular a migração para a estrutura empresarial, Pedro Paulo pretende aplicar todos esses impostos sobre associações sem fins lucrativos. A nota de corte seria um faturamento de R$ 5 milhões anuais. Todas as associações acima disso seriam tributadas, independentemente de se tornarem empresas limitadas ou S/As.

  • Criação de um fundo garantidor para clubes quebrados

Haveria um fundo, abastecido pelos clubes do país (sobre % de faturamento). Esse dinheiro seria usado para ajudar clubes quebrados. Caso o mecanismo seja colocado em prática, todos os clubes da primeira divisão, por exemplo, precisariam dedicar um percentual mínimo de suas receitas para salvar aqueles que estão prestes a falir em escalões mais baixos – ou mesmo na primeira divisão.

Pontos a serem destacados

  • Isso não obrigará ninguém a mudar. Esses benefícios são estímulos para quem quiser aderir. Isso difere de um outro projeto parecido, a Lei Pelé (1998), que tentou forçar a mudanças nos clubes.
  • Há interesse do Governo Federal no projeto. O Ministro da Economia, Paulo Guedes, escalou seu assessor Guilherme Afif para cuidar do tema. Eles acompanham o desenrolar do projeto, mas há divergências em pensamentos e ideias.
  • No Senado, está em tramitação o Projeto de Lei do Senado 68/2017, que institui a Lei Geral do Esporte e regulamenta por tabela a criação de uma sociedade anônima específica para o esporte. Os senadores Romário e Leila mexeram seus pauzinhos para essa pauta voltar à tona.
  • Há clubes a favor do projeto – como o Botafogo. Mas também há clubes contra – Flamengo, Bahia, Athlético-PR e Corinthians já se manifestaram contra.
  • Rodrigo Capelo, que assinou as matérias do GE, afirma que “a mudança pode se dar apenas para que tudo continue como está” e que “os envolvidos na discussão não chegaram a um consenso sobre qual é o melhor caminho.” Isso fica claro com a divisão de opinião dos clubes.

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    Dünyaca ünlü medyum haluk hocayı sizlere tanıtıyoruz anlatıyoruz, Avrupanın ilk ve tek medyum hocası 40 yıllık uzmanlık ve tecrübesi ile sizlerle.

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